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FRANK T. BUDGE CO. v. HORTT

No. 5525.

32 F.2d 157 (1929)

FRANK T. BUDGE CO. v. HORTT et al.

Circuit Court of Appeals, Fifth Circuit.

April 23, 1929.

Attorney(s) appearing for the Case

R. F. Burdine, of Miami, Fla. (Burdine, Terry & Fleming and L. L. Robinson, all of Miami, Fla., on the brief), for appellant.

T. J. Blackwell, of Miami, Fla., Francis L. Poor, Asst. U. S. Atty., of Jacksonville, Fla., and Carl A. Hiassen, C. N. McCune, and T. F. Fleming, all of Ft. Lauderdale, Fla., for appellees.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.

BRYAN, Circuit Judge.

The Frank T. Budge Company, appellant, sued to enforce a lien for labor and material furnished in the construction of a building, and brings here for review the decree of the District Court, which adjudged that its lien was inferior to that of appellee Hortt's mortgage upon the real property involved.

Fred W. Maxwell was the owner of adjoining lots 1 and 2 of block 42 in Fort Lauderdale, Fla. He had a two-story building on lot 2, but...

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